Tag: E-Treatise
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Crucial First Step for Insureds: Establishing Nexus and Relevance. Insureds often face an uphill battle in the discovery process due to a critical misstep – failing to articulate their requests’ nexus and relevance clearly. Many insureds make vague assertions about bias or a general need to show recidivist conduct for…
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The “Special Relationship” and Insurer’s Duty to Act Fairly and Honestly
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Insurance policies are unique among widely used financial contracts. Insurance is rooted in risk pooling. Insurers collect premiums from policyholders and use these funds to pay claims to those who suffer losses. This allows the financial burden to be spread efficiently across many participants. The fortunate ones who avoid losses…
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Case Study: Insurer’s Unfettered Discretion in Homeowner’s Claims
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The relationship between an insurance company and a policyholder is one of dependence and inequality. Insurance policies generally represent contracts of adhesion, a term which refers to a standardized contract drafted by the dominant party (the insurer)—to meet its own needs—for acceptance by the subordinate party (the insured), and which,…
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Overview of the Developing E-Treatise
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Every contract contains an implied covenant of good faith and fair dealing, meaning that neither party will do anything to injure or destroy the other’s right to receive the agreement’s benefits. An insurance policy is subject to the same implied covenant as any other contract. Generally referred to derivatively in…
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Welcome to ExposingExpertBias.com!
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As an attorney focused exclusively on exposing the insurance industry’s predatory practice of using biased experts to deny or minimize claim payments, I understand policyholders’ challenges. The industry has long exploited structural deficiencies in the law and lax governmental oversight to perpetuate this unethical conduct, leaving legitimate claims unfairly denied…